Gaines v. Summers
Supreme Court of Arkansas
APPEAL from Ghioot Circuit Court in Chancery. •John M. Bradley, Judge. I. The appellants are innocent purchasers. Even if there was a secret trust in favor of the heirs, the mother had some interest in the land under her purchase, and as heir of her son, William P., and whatever her interest was it passed under her deeds of trust and mortgage, and the court erred in canceling them.
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APPEAL from Ghioot Circuit Court in Chancery. •John M. Bradley, Judge. I. The appellants are innocent purchasers. Even if there was a secret trust in favor of the heirs, the mother had some interest in the land under her purchase, and as heir of her son, William P., and whatever her interest was it passed under her deeds of trust and mortgage, and the court erred in canceling them. Appellants had no notice, except from the records and occupation, and both showed title and interest in Mrs. Saunders, and they dealt with her in good faith, and they ■are in law, and, in fact, innocent purchasers.…
1Opinion of the CourtBattle, J.
On the first of March, 1883, Martha A. Saunders borrowed of G-. T. Stripling fifteen hundred dollars, and mortgaged to him certain lands to secure the payment thereof. Stripling transferred the note and mortgage to Gaines, who brought this action to foreclose the mortgage.
William P. Saunders, John R. Coffman, and Annie P. Coffman, his wife, W. T. Read, and Antoine P. Read, his wife, and Charles L. Mead and Mattie P. Mead, his wife, on their application, were made parties defendants. They filed an answer and cross-complaint, alleging therein, substantially,-as follows:'
“ They admit the…
2Cases cited4 opinions
- Gibert v. PetelerNew York Supreme Court · 1862
- Sigourney v. MunnSupreme Court of Connecticut · 1829
- Rafferty v. MalloryU.S. Circuit Court for the Northern District of Illnois · 1872
- Anderson v. LaytonCourt of Appeals of Kentucky · 1867
3Cited by29 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- Creek Land & Improvement Co. v. DavisSupreme Court of Oklahoma · 1911
- Ramirez v. BellCourt of Appeals of Texas · 1927
- Charles v. Roxana Petroleum Corp.Court of Appeals for the Eighth Circuit · 1922
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
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